ASA Non-broadcast Adjudication: Skye Alexander

Complaint

A direct mailing for a psychic was sent in an envelope that stated "I am really worried about you. Please, get back to me as soon as you can ... it's important. Love, Skye". The mailing claimed "Dear [x] ... I'm writing to you today because several weeks ago I wrote and told you about the truly magical blessings that will begin to influence your life in an extremely positive way starting September 26th ... if you are properly prepared ... if you have a banker call him ... if you don't ... get one and an accountant too ... Every second you delay, puts you one step closer to missing this opportunity of a lifetime, that will enrich and enhance your finances, relationships and most importantly your health and happiness ... If you act quickly, September 26th will be the most important day in your life! ... next time you go shopping, instead of finding out the item you wanted is no longer available ... you'll get an addititional 20% or 30% off and better yet, the item will be mismarked in your favour ... if you allow me to help you use these blessings, I guarantee I can help you use these blessings to change your life ... All You Have To Do Is Believe ... I Will Do The Rest ... There is only one thing I need to ask you for, and its to help me cover some of the expenses involved with finding you, and preparing and printing your "Magickal [sic] Revelations for Daily Success" ... send just £19.95". The complainants challenged:

1. the truthfulness of the advertisers' claims and

2. whether the mailing, in particular the envelope's claim "I am worried about you", was an appeal to fear likely to distress and exploit recipients.

CAP Code (Edition 11)

Adjudication

Skye Alexander said the recipients of the mailing had expressed an interest in the subject by completing a survey, requesting a free reading or actively responding in some other way. They said astrology was widely enjoyed in the UK and sent copies of magazines called Prediction and Horoscope which, they pointed out, were sold in mainstream high street shops, and which they believed demonstrated the high level of interest in and popularity of the subject. They added that Skye Alexander was an established and recognised practitioner of astrology.

1. Complaint upheld

Skye Alexander said the claims in the mailings were undertakings that could be offered to recipients. They said the monthly readings advertised were based on personal information and used established astrological procedures to give sound, practical, confidence-building advice to help recipients make better decisions and be more adventurous. They said the advice nearly always led to the kind of improved good fortune described in the mailing and that Skye Alexander received testimonials praising the advice given.

The ASA noted the popularity of astrology and understood that Skye Alexander was a well established practitioner. We also noted the mailing was intended only for people who had shown an interest in the topic through completing surveys or similar. However, because they were unable to substantiate the claims in the mailing, we told Skye Alexander not to use the approach again. We reminded them of their responsibility to ensure they advertised their services in a way that was neither misleading nor likely to exploit vulnerable people or exploit the credulity of naive or susceptible readers. In addition, we told them they should not imply they could guarantee results unless the terms of the guarantee were made clear.

On this point, the mailing breached CAP Code clauses 3.1 (Substantiation), 6.1 (Honesty) and 7.1 (Truthfulness).

2. Complaint upheld

Skye Alexander said the statements made on the envelope and in the mailing described the astrological counselling being offered. They said the claim was not an appeal to fear likely to distress or exploit.

We considered that the envelope claim "I am really worried about you. Please, get back to me as soon as you can ... it's important. Love, Skye" was an unwarranted appeal to fear and that the mailing was likely to distress and exploit some recipients; especially as it was sent to those who expressed an interest in astrology and was, therefore, likely to have been received by some who considered it unlucky not to respond. We told Skye Alexander not to repeat the mailing and advised them to seek guidance from the CAP Copy Advice team before distributing further marketing material.

On this point, the mailing breached CAP Code clauses 3.1 (Substantiation), 6.1 (Honesty), 7.1 (Truthfulness) and 9.1 (Fear and distress).